Allentown teachers told to watch what they say

Email reminds Allentown School Disrict staff that policy prevents employees from making negative comments in public.

April 13, 2011|Steve Esack, OF THE MORNING CALL

In 2006, in Garcetti v. Ceballos, the court ruled public employees must show they are speaking as regular citizens, not employees, when speaking about official job duties.

David L. Hudson Jr., a lawyer and writer at the First Amendment Center, headquartered at Vanderbilt University in Nashville, Tenn., said the 2006 ruling "eviscerated" the First Amendment rights of public employees, forcing them to prove they are speaking as private citizens, not employees.

Even in light of the 2006 ruling, Hudson said, Allentown's Policy 419 "is overbroad and potentially in violation of their free-speech rights."

The ACLU's Birch said the 2006 ruling makes First Amendment cases more tricky. She said teachers cannot rant in the classroom in front of students. But in the ACLU's opinion, they can speak at public meetings about issues because education remains a matter of public concern as defined by the court.

"Everyone, especially teachers who know a great deal about education, are entitled to speak about educational matters," Birch said. "They must be able to voice opposition."